Advisory Opinion No. 97-120

Re: William R. Guglietta, Esq.

A. QUESTION PRESENTED

The Petitioner, Legal Counsel to the House Finance Committee, a state employee position, requests an advisory opinion as to whether he may continue to serve in that position and with what restrictions if he becomes a candidate for statewide elective office.

B. SUMMARY

It is the opinion of the Rhode Island Ethics Commission that the Code of Ethics does not prohibit the Petitioner, Legal Counsel to the House Finance Committee, a state employee position, from becoming a candidate for statewide elective office.

The law does provide, however, that persons subject to the Code may not use their public positions for private gain or financial advantage (R.I. Gen. Laws § 36-24-5(a) and (d)) and may not participate in public decisions when their independence of judgment has been impaired because of a private interest (R.I. Gen. Laws § 36-14-5(b)).

The Code of Ethics does require, however, that the Petitioner a) avoid participating in legislative matters that might impact his proposed candidacy, a candidacy that carries with it a financial interest, and b) avoid using his public position as a vehicle for enhancing his proposed candidacy, including soliciting and receiving campaign contributions.

C. DISCUSSION

1. Facts

The Petitioner advises that he is Legal Counsel to the House Finance Committee, a state employee position. In that position he advises the Committee on the legality and constitutionality of all legislation submitted to the Committee. He is also involved in the drafting of legislation, including the state budget, and acts as a legal advisor at all Committee hearings. He further advises that if and when he becomes a candidate for statewide elective office no state time or property would be used for campaign purposes.

2. Analysis

The Code of Ethics does not create a blanket prohibition against state employees running for elective office, whether at the state or municipal level. The law does provide, however, that persons subject to the Code may not use their public positions for private gain or financial advantage (R.I. Gen. Laws § 36-14-5(a) and (d)) and may not participate in public decisions when their independence of judgment has been impaired because of a private interest. (R.I. Gen. Laws § 36-14-5(b).

Therefore, the law does not prohibit the Petitioner, Legal Counsel to the House Finance Committee, a state employee position, from becoming a candidate for statewide elective office. The Code of Ethics does require, however, that the Petitioner a) avoid participating in legislative matters that might impact his proposed candidacy, a candidacy that carries with it a financial interest and b) avoid using his public position as a vehicle for enhancing his proposed candidacy, including soliciting and receiving campaign contributions.

Code Citations:

36-14-5(a)

36-14-5(b)

36-14-5(d)

Keywords:

candidate